Deductions to income in calculating Florida child support
Posted by Nydia Streets of Streets Law in Florida Child Support
How is child support calculated in Florida? It is based on the net incomes of the parents. To arrive at the net income, the court subtracts taxes, mandatory union dues, mandatory retirement payments, health insurance premiums and court-ordered support paid in other relationships. In the recent appellate case King v. King, 4D20-0169 (Fla. 4th DCA March 31, 2021), the court reviewed a child support miscalculation.
As part of a final judgment of divorce, the trial court entered an order obligating the former husband to pay child support to the former wife. The record showed the trial court mistakenly added the parties’ monthly tax obligations to their gross income, resulting in a higher child support obligation than would have been calculated if the parties’ net incomes had been used. The former husband appealed.
The appellate court reversed, holding it was error for the court to use inflated gross income rather than the parties’ net incomes to calculate support. The case was sent back to the trial court to correctly recalculate the child support using the parties’ net incomes.
If you are wondering how much child support you may receive or pay in your Florida family law case, schedule a consultation with a Miami child support lawyer.